Dalla funzione sociale della proprietà alla nozione di bene comune

The subject of the paper is the analysis of the concept of property as declined in its social function profile. The structure follows the shapes of Hegelian dialectic. The thesis is the revolutionary and Napoleonic vision of property: the liberal doctrine which dislikes any restraint to the private property – sovereignty belongs to the State, property to the Citizen (Portalis). The antithesis is represented by the functionalist (Comte and Duguit) and corporative (fascist codification) doctrines: the citizen become an official of the community according to the first; less radical the second: property right is subordinated (more than functional) to collective interests. Synthesis could be proposed by the new light given by Italian Constitution: a publica utilitas exists with which people must always relate for the enjoyment of their property and the exploitation of their wealth. From these considerations, the author reaches a perspective on the on-going debate about the common goods: goods which allow, regardless of the private or public ownership, to satisfy general interests.